SUSHIL KUMAR MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) This is an appeal filed by the claimant/award holder against the order passed by the District Judge, Kaushambi dated January 15, 2008, wherein the appeal was partly allowed and the rate of interest awarded by the Arbitrator was reduced from 14% to 6% per annum.

(2.) Counsel appearing on behalf of the appellant submits that the Court does not have the power to modify an award and to buttress his arguments reliance has been placed on the judgements of the Supreme Court in the case of Project Director Vs. M. Hakeem reported in 2021 (9) SCC 1 and in S.V. Samudram Vs. State of Karnataka and Anr. in Civil Appeal No. 8067 of 2019 dated January 4, 2024. Specific reference is placed on paragraph no.46 of the judgement in Project Manager (Supra), which is quoted below:-

(3.) He further referred to paragraph nos.14, 15 and 16 and 42 of the judgement in S.V. Samudram (Supra), which are quoted below :-